MATTER OF SMITH v. DIFUSCO


282 A.D.2d 753 (2001)

724 N.Y.S.2d 337

In the Matter of CLAUDIA J. SMITH, Respondent, v. JOSEPH DIFUSCO, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 30, 2001.


Ordered that the orders are affirmed, with one bill of costs.

The appellant argues that the court improvidently exercised its discretion in failing to appoint a Law Guardian for the parties' child. "[T]he appointment of a Law Guardian * * * is discretionary" (Blauvelt v Blauvelt, 219 A.D.2d 694), and "there is no requirement that the court invariably appoint a Law Guardian" (Richard D. v Wendy P.,

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